The judgment emphasizes the importance of adhering to the procedural requirements of the NDPS Act, particularly in cases involving the recovery of contraband, to ensure the authenticity and legality of the evidence and the subsequent legal proceedings.

JUDGMENT

Arvind Singh Sangwan, J. - The present has been filed for setting aside the judgment of conviction dated 28.4.2005 passed by the trial Court convicting the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and the order of sentence dated 29.4.2005 vide which the appellant was sentenced to undergo rigorous imprisonment for a period of 22 months and to pay a fine of Rs.22,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 09 months.

2. It is worthwhile noticing that the sentence of the appellant was suspended vide order dated 13.5.2005 as the appellant has undergone 02 months and 25 days of sentence.

3. The case set up by the prosecution is that on 27.3.2002, ASI Gurnaib Singh, the Investigating Officer, alongwith ASI Agya Ram and some other police officials were going from Bus Stand, Shahabad towards the Tehsil Complex, Shahabad when they noticed the appellant/accused carrying a bag on his left shoulder and another bag on his right shoulder. On seeing the police party, he turned back and tried to walk perplexedly and on suspicion, he was apprehended. Having suspicion that he was carrying narcotics, he was served with a notice under Section 50 of the NDPS Act and in response to the notice, the accused opted to be searched before a Gazetted Police Officer. Thereafter, the Investigating Officer took the accused alongwith the two bags to the residence of Anil Kumar Dhawan, DSP, (Headquarters), Kurukshetra and after apprising him of the facts, on the directions of DSP, the two bags carried by the accused were searched, which led to recovery of poppy husk. Two samples of 250 grams each were drawn from both the bags. On weighment, the remaining contraband in one bag was found to be 14.500 kgs. and the other bag to be 6.500 kgs. Thereafter, the sample parcel of the bulk parcel were sealed separately with the seal 'GS' of the Investigating Officer and 'AKD' of the DSP. Thereafter, the four parcels were taken into possession vide recovery memo which was signed by the witnesses and attested by the DSP. Thereafter, the Investigating Officer has sent a ruqa through Constable Rajpal Singh for registration of the FIR and then ASI Gurnaib Singh returned back to the place of occurrence, prepared rough site plan, recorded the statements of the witnesses under Section 161 Cr.P.C. and arrested the accused vide arrest memo. Thereafter, Constable Rajpal Singh, upon registration of the FIR, reached back at the spot and the relatives of the accused were informed vide a separate memo. Thereafter, the Investigating Officer prepared a report under Section 57 of the NDPS Act and submitted it before the SI/SHO Paras Kumar to verify the fact and put his seal 'PK' on the sample parcels and directed the Investigating Officer to deposit the case property with the MHC of the Police Station. Later on, the sample parcels were sent to the FSL and as per the report, the same were found containing poppy husk (choora-post) i.e. papaver somiferum. After completion of investigation challan was presented and charge under Section 15 of the NDPS Act was framed against the appellant.

4. The prosecution in its evidence examined PW1 Head Constable Amar Singh, who deposed about the depositing the case property with the SHO. PW2 Satpal Singh stated that on receiving ruqa Ex.PB, he recorded formal FIR Ex.PB/1 and made an endorsement Ex.PB/2. In cross-examination, he stated that Gurnaib Singh ASI came back to the Police Station at 11.00 a.m.

PW3 HC Mange Ram stated that he received the report under Section 57 of the NDPS Act, Ex.PC from the Police Station through Om Parkash, UGC and a copy of the report is Ex.PC/1, in which he made an endorsement Ex.PC/2 and the same was put up before the DSP (Headquarters) who had seen the same vide Ex.PC and it was received on 28.3.2003 vide entry at serial No.19 in the register. PW4 SI Paras Kumar stated that